RANGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the appellant accused and learned High Court Government Pleader for State.

(2.) This is an appeal filed by the accused questioning the judgment of conviction and sentence imposed on him by the Fast Track and Additional Sessions Judge, Hukkeri sitting at Gokak dated 11.11.2010 for the offence punishable under Section 34 of the Karnataka Excise Act, 1965.

(3.) Brief facts of the case are that on 07.01.2010 at about 7.15 p.m., CW.1 Shri D.G.Gatti, Assistant Sub-Inspector, Gokak Rural Police Station has received information about transporting and possessing of ID Liquor. He has called his staff i.e., CW.4 to CW.7 and instructed the CW.4 to bring pancha witnesses. Accordingly, CW.4 has brought two pancha witnesses to the police station. CW.1 along with panch witnesses and his staff has proceeded towards Upparatti Bus Stand in a private Jeep and stopped the jeep near the School at about 8.00 p.m. CW.1, his staff and pancha witnesses have watched the person who was selling ID Arrack. CW.1 and others have raided on the said person at about 8.15 p.m. and apprehended the said person. After enquiry, they came to know the name of the said person who was the accused before the Court. The raiding party found two tubes containing ID Arrack. The accused has not explained anything about the possession of the said ID Arrack and not produced any pass or permit for possessing the said ID Arrack. CW.1 has searched the said accused and found Rs.40/- with him. CW.1 has taken 750 ml ID Arrack in each bottle separately from each tube possessed by accused. He seized the said tubes containing 35 liters ID Arrack, one steel glass, amount of Rs.40/- and two sample bottles under panchanama. CW1 arrested the accused and handed over him, seized properties and panchanama to concerned pol ice station. On the basis of the same, a criminal case was registered against the accused/appellant.